123:, it is illegal and is targeted by government, police, and anti-drug campaigners. In some states, possession is decriminalized even for non-medical purposes, but in other states possession, is a felony offense. In this case, the doctrine of medical necessity would be used by patients who believed marijuana to be beneficial to them if they were charged with the use, growing, or production of an illegal controlled substance relating to marijuana.
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Sec. 1862. (a) Notwithstanding any other provision of this title, no payment may be made under part A or part B for any expenses incurred for items or services— (1)(A) which, except for items and services described in a succeeding subparagraph, are not reasonable and necessary for the diagnosis or
87:
In a small number of cases, Medicare may determine if a method of treating a patient should be covered on a case-by-case basis. Even if a service is medically determined to be "reasonable and necessary," coverage may be limited if the service is provided more frequently than allowed under
Medicare
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pays for medical items and services that are "reasonable and necessary" or "appropriate" for a variety of purposes. By statute, Medicare may pay only for items and services that are "reasonable and necessary for the diagnosis or treatment of illness or injury or to improve the functioning of a
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became law in 2003 to permit patients to use medical necessity defense to marijuana possession in the state. The maximum penalty for such users cannot exceed $ 100. However, the law does not prevent federal prosecution of patients since the federal law does not recognize medical necessity.
137:(1976), is "The first successful articulation of the medical necessity defense in the history of the common law, and indeed, the first case to extend the necessity defense to the crimes of possession or cultivation of marijuana".
111:(also known as marijuana) for medical purposes is a notable medical necessity case. Cannabis is a plant whose active ingredients are widely reported by patients to be effective in pain control for various conditions, usually
140:
In several medical marijuana cases, the patients' physician has been willing to state to the court that the patient's condition requires this medicine and so the court should not interfere. However, the
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told a patient in extreme pain that state law allowing medical use could not be relied on, but if arrested, the user could seek to use medical necessity as a defence.
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Charles Martin, "Medical Use of
Cannabis in Australia: 'Medical necessity' defences under current Australian law and avenues for reform" (2014) 21(4)
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patients who are using medical marijuana no matter if the medicine is crucially necessary to them. On the other hand, in
151:(2001) which ruled that there is no medical necessity exception to drug laws and that the federal government is free to
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successfully used a medical necessity defense when he was charged with illegal possession of cannabis to treat his
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Other countries may have medical doctrines or legal rules covering broadly similar grounds. The term
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345:"Urgent Compassion: Medical Marijuana, Prosecutorial Discretion and the Medical Necessity Defense"
296:"Sec. 1862. [42 U.S.C. § 1395y]: EXCLUSIONS FROM COVERAGE AND MEDICARE AS SECONDARY PAYER"
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related to activities that may be justified as reasonable, necessary, and/or appropriate based on
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treatment of illness or injury or to improve the functioning of a malformed body member,....
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malformed body member" unless there is another statutory authorization for payment.
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in nature, in which common painkillers have not had great benefit. However, as a
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Defining
Medical Necessity Under the Patient Protection and Affordable Care Act
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Medicare has a number of policies that describe coverage criteria, including
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which includes NCDs, LMRP/LCDs, as well as NCAs & CALs, from cms.hhs.gov
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Medical
Necessity: Health Care Access and the Politics of Decision Making
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at academia.edu, by Daniel R. Skinner, published in the journal
84:(LCDs), formerly known as Local Medical Review Policies (LMRP).
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318:"Medicare LCDs and NCDs in Medical Coding and Billing"
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outrightly rejected that defense in the landmark case
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United States v. Oakland
Cannabis Buyers' Cooperative
441:Florida's Medical Necessity Defense, Reconsidered
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302:, United States Social Security Administration,
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272:. Physician's News Digest, Inc. Archived from
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220:Centers for Medicare & Medicaid Services
425:by Daniel Skinner, a book published by the
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237:MedicareLaw's "Reasonable and Necessary"
354:, vol. 41, no. 3, p. 715
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458:Medicare and Medicaid (United States)
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19:For the Canadian legal concept, see
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14:
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366:"Becoming a Patient in Maryland"
264:Miller, Nancy W. (August 2002).
233:Certificate of medical necessity
199:Certificate of medical necessity
78:National Coverage Determinations
444:by Miami attorney Jared H. Beck
463:Legal doctrines and principles
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218:For more information, see the
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175:Ninth Circuit Court of Appeals
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427:University of Minnesota Press
403:Physician Fee Schedule lookup
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82:Local Coverage Determinations
415:Public Administration Review
343:Andrew J. LeVay (May 2000),
324:. John Wiley & Sons, Inc
266:"What is medical necessity?"
184:, a bill signed by Governor
16:United States legal doctrine
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434:Journal of Law and Medicine
368:. Americans for Safe Access
241:GoTelecare: Medical Billing
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60:Implementations of doctrine
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397:Medicare Coverage Database
231:For more information, see
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54:clinical medical necessity
49:lacks such justification.
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352:Boston College Law Review
300:The Social Security Laws
205:
135:United States v. Randall
121:Controlled Substance Act
97:Medical use of marijuana
270:Physician's News Digest
47:unnecessary health care
391:Your Medicare Coverage
88:coverage policies.
92:Specific instances
393:from medicare.gov
170:Gonzales v. Raich
43:standards of care
27:Medical necessity
21:Canada Health Act
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101:Main article:
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274:the original
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173:(2005), the
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133:. The case,
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113:neuropathic
107:The use of
80:(NCDs) and
452:Categories
251:References
119:under the
372:4 January
328:4 January
280:4 January
161:prosecute
41:clinical
222:website.
193:See also
182:Maryland
165:imprison
131:glaucoma
109:cannabis
70:Medicare
65:Medicare
429:(2019).
417:(2013).
322:Dummies
33:in the
163:, and
157:arrest
348:(PDF)
239:, or
206:Notes
201:(CMN)
29:is a
436:875.
374:2020
330:2020
282:2020
153:raid
180:In
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